Domestic Violence -- Prior Settlement Agreement Between Spouses before Family Court -- Bars revival of monetary claims by wife under DV Act
(i) Protection of Women from Domestic Violence Act, 2005, S.12 -- Prior Settlement Agreement Between Spouses -- Bars revival of monetary claims by wife where she has voluntarily relinquished all such claims through a Settlement Agreement and a subsequent affidavit filed before the Family Court. Mere averments of coercion, unaccompanied by any legal challenge to the settlement or the divorce decree, are not sufficient to reopen extinguished claims. Proceedings alleging acts predating the settlement, with no fresh cause of action pleaded thereafter, are liable to be quashed. (ii) Protection of Women from Domestic Violence Act, 2005, S.12 -- Monetary Claims of Adult Daughter -- Not barred by a Settlement Agreement executed solely between the parents. A daughter who has attained majority before execution of such an agreement and is not a party to it does not waive her right to claim monetary relief. She remains at liberty to initiate independent proceedings, to be decided on their own merits.
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